Mohammad Jan Mian v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10428 of 2013 ====================================================== Mohammad Jan Mian S/O Late Dil Mohammad Mian R/O VillageRatanmala, Patbandhi Babu Tola, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector-cum-District Magistrate, West Champaran, Bettiah 2.

The Collector-cum-District Magistrate, West Champaran, Bettiah 3.

The Superintendent Of Police, West Champaran, Bettiah 4.

The Sub-Divisional Officer-Cum-Sub Divisional Magistrate Bettiah Sadar, Bettiah, West Champaran 5.

The Circle Officer, Majhaulia Anchal, Majhaulia, West Champaran 6.

Jagrup Patel S/O Rajdeo Raut R/O Village- Ratanmala, Patbandhi Babu Tola, P.S.- Majhaulia, District- West Champaran 7.

Tarkeshwar Patel S/O Jagrup Patel R/O Village- Ratanmala, Patbandhi Babu Tola, P.S.- Majhaulia, District- West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Prabhakar Tekriwal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-06-2019 The present writ petition has been filed for directing the respondents to remove the encroachment in question from the Public Road, purportedly made by the private respondent no. 7.

The learned counsel for the respondent-State has filed a counter affidavit and has submitted that though the encroachment was removed earlier, it appears that the respondent no. 7 has again made fresh encroachment, hence the Circle Officer has initiated a proceeding under the Bihar Public

Patna High Court CWJC No.10428 of 2013(4) dt.25-06-2019 2/2 Land Encroachment Act vide Encroachment Case No. 01 of 2019-20 against the encroachers i.e. the respondent nos. 6 and 7 to the writ petition as also against others and notice under Section 3 of the Act has been issued to the encroachers. It is submitted that the aforesaid encroachment proceeding would be completed expeditiously preferably within a period of four weeks from today.

Accordingly, the present writ petition stands disposed off with a direction to the Circle Officer, Majhaulia Anchal, West Champaran to conclude the encroachment proceedings preferably within a period of four weeks from today and take appropriate action accordingly.

(Mohit Kumar Shah, J) S.Sb/- U